Written By: Vishad Srivastava
Chartered Accountant, one of the classic profession and equivalent or harder than getting into IIT with result percentage less than 5% and it becomes tougher when we see the result and credibility of Chartered Accountant, then it becomes a nightmare to see suspicion in ICAI i.e. Institute of Chartered Accountant of India but this year result compels the Delhi High Court to have an eye on this prestigious examination. This year on 17 Jan 2018 C.A. CPT Final result was announced in the morning where many students got passed but the result was withdrawn within 10 minutes and new result was published in the evening where final marks merit was increased and many students thereby failed and this created a curiosity among the hardworking student. Taking the cognizance of this issue ICAI clarified that the earlier result was a leak because of internal communication among the board members. The writ petition has been filed in Delhi High Court against this irresponsible act of ICAI and plight for that student who was qualified in morning but becomes disqualified later in the evening.
C.A. one of the thumping money earning profession where people get the degree after years of struggle and with no upper age limit for appearing in the examination many people try their best. For this institution where prestige is the foremost thing, such type of incident is a shame or blot in the name of ICAI. This is a not a new case there is a precedent for ICAI where previously marks and result are being changed within 1 day to 1 week. In the case of Mohit Goyal vs ICAI& Ors. The appellant marks were being tallied by the website answer sheet to be above qualifying marks but when the result came out scenario was completely different he was being disqualified for the exam. This gave him shock so a writ petition was filed by him seeking to recheck and for the authenticity of the ICAI answer sheet, this also made a huge crisis for all the CA community. Finally, the case got in favor of appellant and in that particular year due marks was increased and the result got higher. With this type of activity by the prestigious institution like ICAI will definitely not only put a blot on the image of ICAI but a deep question will be there for all the student who wants to enter into this type of pro-commerce courses. In another case of Dinesh Kumar Shirpat vs. ICAI allegation were put on ICAI committee of malfeance and doing working with malice attitude, this type of allegation was not the only committee but indirectly it was questioned on the whole institution. It has also been traditionally allege that CA exam result has lot of doubt in it, although result always carries only 3 to 4% pass rate there is always some section of student where they have a dubious nature of examination where they tally with answer key they are passed but when result come out there is huge dilemma in it. Although this argument may be sound vague there is a case where it was alleged and partially in the judgment, it was held of ICAI being of less transparent in its working and process. In the case of Sri Mukesh Shah vs. ICAI where RTI query was not being dispensed of the candidate so the matter has to go the Supreme Court regarding it after which court remarked ICAI of being bound under ICAI. In the Chartered Accountant Act, 1949 section 10 (B) it is mention that On receipt of an application under Section 10-A, the Central Government shall, by notification, establish a Tribunal consisting of a Presiding Officer and two other Members to decide such dispute and the decision of such Tribunal shall be final.
(2) A person shall not be qualified for appointment,—
(a) as a Presiding Officer of the Tribunal unless he has been a member of the Indian Legal Service and has held a post in Grade I of the service for at least three years;
(b) as a Member unless he has been a member of the Council for at least one full term and who is not a sitting member of the Council or who has not been a candidate in the election under dispute; or
(c) as a Member unless he holds the post of a Joint Secretary to the Government of India or any other post under the Central Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.
(3) The terms and conditions of service of the Presiding Officer and Members of the Tribunal, their place of meetings and allowances shall be such as may be specified.
Yet there is no use of such tribunal has been there till date and it is evident that a C.A contributes a lot in the financial solution for a country. It also plays a major role in making financial budget of our country but the institute that makes them ready is under a light of doubt which is a direct question on the financial minds of our economy as this institution is the only one who makes ready for future aspiring Amartya Sen and it is of no doubt that CA have contributed towards this nation and there is no denying fact that they have broken major scams like in Bihar MNAREGA and fodder and many more but question of the hour is the plight of aspiring CA student and doubt on ICAI which should be the major concern for the nation. Although ICAI has dodged it’s cases by taking the defense of autonomous body but time has come to make it accountable and make it more transparent as this is the question on our future financial revolutionist mind.